Underscoring that the State has a duty to protect the life and liberty of every citizen, the Central Administrative Tribunal (CAT) in Srinagar has asked the authorities to decide on a Kashmiri migrant Labour Officer’s representation against her transfer from district Kulgam to Ganderbal.
A bench of Member (Judicial), M S Latif said this in response to Beauty Hassan’s plea, who was appointed as Labour Officer in 2020 under the Prime Minister’s Special Package Scheme for the return and rehabilitation of Kashmiri migrants.
The aggrieved officer had initially been posted at Budgam and on her request was transferred to Kulgam subsequently, where she served until an order dated June 15 this year whereby she was transferred to Ganderbal.
In her plea, she challenged the transfer on security concerns and sought permission to continue at Kulgam or alternately sought to be posted at a secure place in nearby Shopian.
In support of her contention besides medical and security concerns, her main ground was that the transfer order was in violation to the decision taken by the Office of the Divisional Commissioner, Kashmir, on May 19, 2002.
In its decision, the Tribunal, however, declined to quash the transfer order, noting that the applicant had already joined at her new place of posting. It reiterated the settled principle that transfer is an exigency of service and that an employee has no vested right to seek a posting of choice.
Pointing out that once a transfer order has been executed and the employee has joined the transferred post, a challenge seeking its quashing is generally not maintainable, it said. Accordingly, the tribunal rejected the plea for quashing the transfer order.
However, taking note of the applicant’s apprehension regarding her life and liberty, the tribunal noted that the State is under an obligation to protect the life and liberty of every citizen under Article 21 of the Constitution. “The preservation of family life is a facet of Article 21”.
The Tribunal held that the competent authority was not powerless to review the transfer in the peculiar circumstances of the case, particularly in light of the decision of the Divisional Commissioner, Kashmir, and any recommendations made in the matter.
Disposing of the plea, the tribunal asked the authorities to consider and dispose of the representations filed by the applicant on its merits and in accordance with law.
“While considering and disposing of the representations, due regard be had to the decision of the Divisional Commissioner, Kashmir, and the other attending circumstances of the case,” the tribunal said and asked the authorities to complete the exercise within three weeks.
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